Posts under ‘3 Hearings’

The second part of Gordon Gates’ article on whether you can receive Social Security disability benefits while incarcerated, talks about hearings in prison.  
The problem – incarcerated claimants often do not get treatment from physicians who are very interested in filling out forms or helping the prisonor/claimant. Further, judges tend to be somewhat skeptical about the [...]

I was recently asked where Vocational Experts get their information from?
There a number of sources Vocational Experts use:

The Dictionary of Occupational Titles
Selected Characteristics of Occupations
Job surveys performed by the Vocational Expert
Services Vocational Experts sign up for which provide job titles, requirements and national and regional job numbers. 

If you are working with a lawyer, he or [...]

I was recently asked the following:
I had my hearing today. The judge had a vocational rep come in to testify. He said I had two job options.
… I live in a small town that probably does not offer the two jobs the vocational expert said I could do.
Can the judge deny me for being able to [...]

Here is part 2 of my discussion with attorney Jonathan Ginsberg as part of his SSDRadio podcast.
In case you missed it, here is part 1.

Under Social Security regulations, it is not enough to have a disability (a diagnosed medical condition). Your condition has to be severe enough to be prevent you from being able to engage in a “substantial gainful activity;” typically full time, competitive, employment.  If you cannot show that your condition keeps you from being able to [...]

Be specific when answering the judge’s questions at your Social Security hearing.
Avoid answering a question with, “occasionally,” “sometimes” or “every once in a while.”  This is not specific enough.  
To you, “occasionally” may mean “every other day,” but the judge may interpret it as “a couple of times a month.”  As a Colorado Social Security lawyer, [...]

I am going to let you in on a secret. In my years helping people with Social Security disability cases in Colorado, I have seen time and again: Judges respond to a positive attitude.  
Here are some questions I have heard judges ask:
What do you see for your future?
Where do you think you will be in a [...]

Here is a useful exercise you can do to prepare for your hearing:  keep a journal of everything you do from the moment you wake up to the moment you go to sleep, including every time you take a break.  
Don’t worry.  You do not have to turn this in to anyone, not to your lawyer [...]

I had a great discussion about the Social Security system and preparing for hearings with attorney Jonathan Ginsberg as part of his SSDRadio podcast.
Here is part 1.

Nate Craig of Truth of the Matter Asserted has a great article about what it means if a judge wants you to change the date you became disabled, or in Social Security parlance “amend your alleged onset date (AOD).”
Often, by the time the claimant’s hearing comes to be scheduled, the ALJ will review the file [...]

Charles T. Halls’ Social Security News blog ran an interesting article about Social Security’s plan to expand the video hearing system.  Currently, video hearings take place with the claimant and their attorney (if they have one) at one ODAR (Office of Disability Adjudication and Review) office, and the ALJ at another ODAR office.  
The new plan is [...]

You are finally at your hearing.  The judge, wearing black robes, turns to you and asks:
“You last worked in 2003, right?”
It’s the “Dirty Harry” moment! You try to remember.  
Was it 2003?  Maybe it was 2004?  Or 2005?  Well, if the judge thinks it was 2003, it must have been 2003.
“Yes, judge. I last worked [...]

Your hearing has finally been scheduled?  Wonderful!  What will you wear?
Does this seem an odd thing to ask?  After a ridiculously long wait, you finally get your chance to present your case to a judge.  There is a lot to think about:  Social Security’s standard of disability, the 5 step sequential evaluation process, answering the [...]

In my experience with Colorado Social Security cases, hearings are usually scheduled approximately 12-14 months after the appeal is filed.   That is the most common time frame that I see for having a hearing scheduled.
However,  I occasionally see cases scheduled as early as six months after the appeal (this is pretty rare), and sometimes as late [...]

Getting a Partly Favorable or Partially Favorable decision in a Social Security disability claim is confusing for a lot of people.  
First, lets go over what it does not mean.  Under the Social Security system, there is no partly or partially disabled. Either your impairments keep you from being able to work (and therefore [...]